• Custody of child after divorce

my divorce by mutual consent came through in nov 2013..cos of lack of career and parental support and logistics constraints had to give the custody of my 6year old son to my x husband..wanted to know if i have the right to claim custody of my son after i have sorted things out and have made a career.and can also match upto the material comforts that my x husband can provide him now.and incase he gets remarried then is it that i get the custodial right of my son automatically!!??
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Dear Querist
you can file a child custody case against him before district court where the child is residing under section 25 of GWA read with section 12 of GWA for interim relief for visitation right.
if he remarried then child custody can not came to you automatically.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You sure can file for child custody but ultimately it is the child in whose favour the court will decide. So if the child decides to stay with father, it will be in father's favour.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
welfare of child is paramount consideration . you can file for child custody if you so desire . mere remarriage does not dis entitle father from retaining child custody  of son . it cannot come to you automatically
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
what does your MOU in mutual divorce petition says about the custody of child.if it specifically says that the custody of the boy will be with father as you do not have any means to take care of child and now since you have the job and you feel that now you can provide better  care to the boy then the father then you can file custody of child
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You may file a case for child custody if regard being had to the financial position of you and your ex-husband, you are better placed, or there is a level of parity. His remarriage does not disqualify him to retain the custody already granted to him. There is no legal right which accrues "automatically'', it is required to be proved.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
welfare of child is the paramount consideration before the court,and if the court feels that you can be under better position ,custody of the child can be given to you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you will never loose your visitation rights for your child . no court in India will ever deny mother visitation rights . your ex husband is just misguiding you
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
What he has told you is untrue. Visiting rights can never be denied to a parent. Neither your nor his remarriage will disqualify either of you from claiming custody/visitation rights. You may remarry any moment without worrying about denial of visitation rights.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Agree with experts
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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